Canadian Webmaster Appeals Obscenity Conviction

ONTARIO, Canada – Webmasters hoping to steer clear of trouble with the U.S. Department of Justice will find no safe harbor from our neighbors to the north.

Weeks after Extreme Associates’ owner Rob Black had his obscenity case dismissed by a U.S. district judge, Donald Smith of Woodyatt, Ont., continues to appeal his 2002 obscenity conviction in Canadian court.

On Nov. 27 of that year, Smith was found guilty on four counts of making, possessing distributing obscene materials.

The materials in question are three films available to age-verified members of Smith’s now-defunct website that showed male predators surprising and killing scantily clad and semi-nude women, often by shooting or stabbing them in the genitals.

More than 2,000 subscribers paid about $30 (U.S.) to view the videos after going through three pages of warnings and age verification.

Smith was fined an amount equal to roughly $60,000 (U.S.), put on probation for three years and forbidden from using the Internet or ever again being involved in an Internet venture. In addition, he is prohibited from having a computer in his home.

Defense attorney Brian Greenspan, arguing before the Court of Appeals on Tuesday, said the videos do not qualify as obscenity because “sexual activity is virtually absent.” He also contended that mainstream movies, including “Natural Born Killers” and “Kill Bill,” contain far more violence — and far more explicit violence — than Smith’s films.

The state’s prosecutor, however, said the films’ “innuendo-laden dialog” and “suggestive poses” combined with graphic, effects-enhanced violence were enough to justify the conviction.

The court will continue to hear arguments from both sides this week.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More